Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1887-08-06

The world moves on. And this day in en-
lightened America no such mistakes ~
these could happen. could go on piling
up illustrations by the thousand, showing
these great warnings against circum-
stantial evidence. Jurors are not TO be
scared by painted shadows. If Circum-
stantial evidence could not be relied upon
our ships would lie rotting in the harbors
business would be stopped, no man would
cash note, and the hands OF
advancement and science would fall pal
sled by our sides. Wehave ghosts enough
here without calling up these phantoms
of fancy. Again, ! IN ght as well
speak of the subject OF reasonable doubt
You noticed, gentlemen, in all they read
to you there never was such al expression
rs beyond all doubt" ''it is beyond all
reasonable doubt" And if you were to
wait until all possibility of doubt would
vanguish from the minds OF rRen who seek
TO eyade the responsibility OF verdict,
NO CONCLUSION
ever will be reached No Juror should be
scared by anything OF the kind. Your
duty is a calm deliberate one. Now an
other point. 1t was said by counsel that
you have sort OF duplex nature as
Jurors and citizens: the common sense cit
Izens valve Is shut off and they are run
ming you by IN entirely different method
You are not AT liberty TO disbclleve as
Jurors when you believe ~ men. our
oath imposes on You no obligation TO doubt
where no doubt would exist il no oath had
been administered How then can you
get along with this sort of transmigratiOn
Of souls the defense would have. You must
look out. You must recOlleCt yOn are not men.
You are Jurors. You are a new creation
You are born again. Yet this il she kind of
creation they have been pounding into You.
Against this must protest And have
be the one protested against; they have
warned them against me; ! WAS tO steal
away your common sense. But | have
been the one To call yOu back To your COM
mon sense; by that you must be guided.
Iou are men, aud a mans man for a
that"
Now We are asked by the hour il Baker
wOuld ever do anything that would con
Wet him We are asked would he ever DO
anything that would leave trace behind
What Is more tallaCiou-' Crime is always
weak. However high it may build its
editice, 50 high that it may seem that only
the hand of God can throw 1t down, some
insignificant fact may
CRI MBI.E II 10 THE GEUUSD.
Now, gentlemen, the following is clear as
10 this matter Oi CirCumstantial evidence
! want you to remain in that jury box the
same men that left their families three
weeks ago. We want this man tried calm
~, fairly by the law. We ask that lie be
tried by no clamOr, but the evidence must
he such ~ will lead 10 a moral certainty.
You should simply say, how stands this
matter: Have you moral certainty that
this man is the murderer. II you say yes,
he is then handed over to the Judge aud is
at the mercy OF the law.
Now, what is the case 1t appears on
the month of May, on little eminence in
Holidays Cove, there stood cottage;
there lived Mrs. McWha and this prisoner
and his wife. II appears that the common
home was not disturbed by this marriage.
That little green spot was to tnem their
home. Their life was one OF peace ANA
beauty that could provoke no emnity.
They performed their household duties;
they had their little rcgularities of toll.
Monday was their w:tshday. 1t was their
habit to wash and bring III their clothes
by four or five o'clork. What
else WAS their habit They were
very careful people at night. They were
so careful they would place tin pans upon
the window frames at night, III order 10
give the alarm of marauding party.
Mrs Campbell says came there on Tues
day morning and
THE FIRST THING NOTICED
was the absence Of the tin pans from the
window Something had broken ia on the
habits Ot those women. Can We find out
what IT was We say that Van Baker, the
husband, the son in-law, did it, SONG
body did 4 deed, u deed without a name.
From the laucty language we call it muir
der The first murder compared with
this WAS Il square action. Western Nir-
ginia will have i bad pre-eminence only
to be redeemed by the quiet and dignilicd
execution OF Justice. We have
the proof OF his crime. Listen a. the tale
uniOlds This man was the last Ia see
these women alive and hv curious coin
cidence lie was the first to see them dead.
He went out upon the hill and cried mur-
der; he got commanding position before
he cried ont Van Baker! Who shall
question the brother Of the Lord an
nointed, the school teacher: When | 20
out upon the hill and cry, who shall dare
to question me- So this defendant was the
last TO see them alive, ahd comes back and
has himself to proclaim his own bloody
deed
He wa- renting stable that occupied
the time mp 10 half-past twelve or there
ahOuts After that there was dinner, and
then came the deed Of blood.
Here let me remark, the essence of 4
secret murder Is the taking unlawfully Of
human life. The circumstance how it was
done Ur when il waa done
MATTERS NOT.
What vnu want are those thinpS that nOint